By JIMMY LAWTON

CANTON – A bill that could save the St. Lawrence County millions of dollars annually by transferring costs associated with indigent defense to the state is still in the works, despite its exclusion from state budget bills.

St. Lawrence County Attorney Stephen Button has helped lead a movement that would force the state to fund public defense for those who can’t afford it. Button says the state has always had an obligation to fund indigent defense, but instead passed the costs on to counties.

County officials and North Country representatives in the Assembly and Senate have supported his push with bills sponsored in both houses.

There had been hoped that the bill would be included in many state budget bills being passed this week, but a late change in the Senate’s version of the legislation caused it to be delayed. Button said there was no need to include the legislation in budget as current language in the bill would not fund the initiative until next year anyway.

Button says representatives have assured him that a unified bill is in the works and is expected to clear both houses in the near future.

“I remain cautiously optimistic that this is moving in a positive direction,” Button said.

Button said this bill combines social justice issues, constitutional issues and much needed mandate relief for counties.

The bill could have a large impact on the county budget, if it becomes law. In the 2016 budget St. Lawrence County has allocated $2.34 million to fund indigent defense.

The bills, sponsored by Sen. John DeFrancisco R-Syracuse and Assemblywoman Patricia Fahy D-Albany, are backed by a 1963 Supreme Court ruling that requires governments to pay for attorneys for defendants who cannot afford to hire their own.

Rather than paying the tab, New York has been passing most of the cost along to counties, causing severe strain on local budgets.

In 2014, a lawsuit alleging that New York State has been derelict in its responsibilities for funding indigent defense appropriately resulted in a settlement between the plaintiffs, the State of New York and the five named counties (Schuyler, Washington, Ontario, Onondaga and Suffolk).

Terms of the settlement outlined an increase in funding from the state for the five counties, but stagnant growth for the remaining 57 counties.

This indigent defense bill would expand that precedent to all New York counties over a seven-year period with incremental increases. The most current legislation would require the state to cover expenses gradually phased in to 100 percent by 2021.